Analysis of Article 408 of the New Criminal Code: Human Rights Dynamics in Restricting Access to Contraception for Children

Ria Anggraeni Utami1, Zico Junius Fernando2 & Panca Sarjana Putra3

https://doi.org/10.62271/pjc.16.3.695.712

Abstract
Article 408 of Indonesia’s new Criminal Code restricts children’s access to information about contraception, aiming to shield them from content unsuitable for their age. This regulation emphasizes adult responsibility in creating a secure environment for children. However, it has sparked debate about the potential negative effects on children’s access to essential reproductive health information. Limiting this access could inadvertently raise the risks of unintended teenage pregnancies and the spread of sexually transmitted diseases. The current policy presents a dilemma, balancing child protection with their right to comprehensive
sexual education. It is evident there is a need to revise the law to better define the roles of parents and educators in providing reproductive health information and ensuring children receive safe, accurate, and age-appropriate education. Proposed changes include legal clarifications, development of suitable educational curricula, training for parents and educators in effective communication, partnerships with media for accurate information dissemination, and ongoing evaluation of sexual education programs. Additionally, advocacy and public awareness campaigns are crucial to foster open discussions on reproductive health. By fostering a supportive ecosystem through cross-sector collaboration, Indonesia can ensure that children’s rights to informed and healthy development are balanced with protections against inappropriate content.

Keywords: Article 408, New Criminal Code, Human Rights Dynamics, Restricting Access, Contraception, Children, Legal Analysis, Reproductive Rights